1. W.A. Nos. 893 and 922 of 1987 are against the judgment in O.P.No.10572/85. W.A.Nos.915 and 925 of 1987 are against the judgment in O.P.NO.10650/85.

2. A common question arises in these Writ Appeals and so we feel that these Writ Appeals can be disposed of by a common judgment. By the judgment in O.P.NO.10572/85, a learned single judge of this Court quashed the amendment to the Kerala State Electricity Board (Integration of Boards Secretariat Establishment and General Establishment) Regulation.1981. The amendment was made exercising the powers conferred by Clauses (c) and (k) of S.79 of the Electricity (Supply) Act, 1948. The amendment is a substitution of Regulation.5 of the Kerala State Electricity Board (Integration of Boards Secretariat Establishment and General Establishment) Regulation.1981. In O.P.No.10572/85, Ext.P5 is the copy of the amendment sought to be quashed. In O.P. No. 10650/85, copy of the same amendment is Ext.P11.

3. The learned single judge considered the question of the validity of the amendment in O.P.No. 10572/85 and quashed Ext.P5. Since Ext.P5 has been quashed, in O.P.No.10650/85 following the judgment in O.P.No.10572/85, Ext.P11 also has been quashed and consequential orders challenged in that Original Petition were also quashed. Thus the learned single judge allowed both O.P.No.10572 of 1985 and O.P. No.10650 of 1985.

4. The petitioners in those Original Petitions were the members of the staff of the Kerala State Electricity Board, who were prejudicially affected by the amendment of the Regulation, Ext.P5/Ext.P11. The respondents in the Original Petitions were the Kerala State Electricity Board and certain other members of the staff, who got certain service advantages under Ext.P5/Ext.P11. W.A.Nos.922 and 925 of 1987 are by the Kerala State Electricity Board, the first respondent in O.P.No.10572/85 and O.P.No.10650/85. W.A.Nos. 893 and 915/87 are by the 2nd respondent in O.P.No.10572/85 and O.P.No.10650/1985.

5. Now we shall state briefly the facts unfolded in the case. Prior to 1964, the Kerala State Electricity Board had only a common establishment. The Board constituted a separate and distinct establishment to commence its functioning from 1-4-1964. This separate establishment of the Board was named as Secretariat Establishment. Thus from 1-4-1964, the Board's secretariat establishment was a separate establishment from the common and general establishment. The employees in the general establishment were asked to opt for the Secretariat Establishment of the Board with a condition that only the option of those selected by the Board would be accepted. Some of the employees opted. In the process of selection, the Board rejected the option of some of the seniors and accepted the option given by their juniors. Direct recruitment to the new and separate establishment was confined to the lowest clerical post. The higher posts were filled up by promotion. This separation of the establishment of a new wing was initially created on executive orders, but subsequently confirmed by the Regulation issued in 1967 as K.S.E.Board (Secretariat Service) Regulations. This also was done by the Board exercising the power under S.79(c) and (k) of the Electricity (Supply) Act, 1948. This Regulation was issued on 26-5-1967. In this Regulation, the Board has made it clear the objects and reasons for a separate Secretariat Service for the Board. It is said that the Board was convinced of the necessity of an independent Secretariat Service for the Board and that by its resolution dated 16-12-1963 has sanctioned the formation of a separate Secretariat Service for the Board independent of the other staff under the Board. Further in the Regulation, it is stated that a separate Secretariat Service was allowed to function from 1-4-1964 and that the Board found it necessary and expedient to frame Regulations for the functioning of the Secretariat Service so formed. Clause VI of the K.S.E.Board (Secretariat Service) regul